NY State Senate Bill 2021-S2891A

Senate Bill S2891A

2021-2022 Legislative Session

Relates to procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Mar 17, 2021	print number 2891a
Mar 17, 2021	amend and recommit to civil service and pensions
Jan 26, 2021	referred to civil service and pensions

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S2891 - Details

See Assembly Version of this Bill:: A4784
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5205, A7624
2023-2024: S1039, S8230, A3748, A8915

2021-S2891 - Summary

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the use of a member of the American Arbitration Association as the hearing officer and the fees to be paid therefor; provides for suspension, with pay, pending the determination except where the employee has entered a guilty plea to a felony crime involving criminal sale or possession of a controlled substance.

2021-S2891 - Sponsor Memo

                                
 
BILL NUMBER: S2891

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the civil service law, in relation to hearing procedures
for certain public employees

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides for procedures to be followed in appointing a hearing officer
for removal and disciplinary action against certain public employees

 
SUMMARY OF PROVISIONS:

This bill amends Section 75 of the Civil Service Law to provide that
disciplinary hearings against individual employees not in the service of
the City of New York shall be held by a hearing officer who is a member
of the American Arbitration Association, selected by the mutual agree-
ment of the parties involved. The decision of the hearing officer will
be required to be implemented by the employer. In addition, this legis-

lation provides that such employees may be suspended with pay during
such disciplinary action.  The bill maintains current disciplinary hear-
ing procedures for individual employees in the service of the City of
New York.

 
JUSTIFICATION:

The purpose of this bill is to ensure an impartial and fair due process
hearing for permanent non-New York City government employees who are the
subject of disciplinary charges as outlined in Section 75 of the Civil
Service Law. The bill maintains existing disciplinary process for New
York City employees, however, due to the decades-long success that the
Trials Division of the New York City Office of Administrative Trials and
Hearings (OATH) has had in adjudicating these cases within its jurisdic-
tion and the corpus of case law it has established by its rulings.

Under the present provisions of Section 75 of the Civil Service Law,
individuals who have attained permanent appointment as employees under
the jurisdiction of the Civil Service Law may be removed from their
positions or have other disciplinary actions taken (i.e., suspension
without pay, demotion from grade and title) after a hearing held before
the officer or body who has brought the charges. The employing officer
or body therefore becomes both the prosecutor and the judge of the
permanent employees actions.

This bill would provide a more fair procedure in which the hearing is
before an impartial arbitrator selected upon mutual agreement of the
parties, or if no agreement can be reached, then selected under the
rules of the American Arbitration Association. The hearing officer would
hear the case and determine the appropriate penalty, if any.  Such a
system would give both the employer and the employee a fair opportunity
to present their respective sides of the case and allow for impartial
adjudication.

In addition, by protecting civil service employees from being suspended
without pay during such procedures, this bill conforms to disciplinary
hearing procedures brought against tenured teachers pursuant to Section

3020-a of the Education Law, thus ensuring the same due process for
civil service employees.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5205B Gounardes / A7624B Abbate: referred to Civil Service and
Pensions

2019: S5205A Gounardes / A7624A Abbate: passed Senate, died in Assembly

2011: No same as/A5743 Abbate: referred to Codes

2010: No same as/A9983 Abbate: referred to Codes

2005: S1171 Trunzo/A4369 Abbate: referred to Civil Service and Pensions

2004: S5371 Trunzo/A6957 Abbate: referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2891 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2891
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  GAUGHRAN,  SKOUFIS  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Civil Service and Pensions
 
 AN ACT to amend the civil service law, in relation to hearing procedures
   for certain public employees

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 75 of the civil  service  law,  as
 amended  by chapter 226 of the laws of 1994, is amended and a new subdi-
 vision 2-a is added to read as follows:
   2. Procedure; NEW YORK CITY EMPLOYEES. [An] FOR ANY  EMPLOYEE  IN  THE
 SERVICE  OF  THE  CITY OF NEW YORK DESCRIBED IN PARAGRAPH (A), (B), (C),
 (D), OR (E) OF SUBDIVISION ONE OF THIS SECTION, IF SUCH  employee  [who]
 at  the  time of questioning appears to be a potential subject of disci-
 plinary action, HE OR SHE shall have a right to representation by his or
 her certified or recognized employee organization under article fourteen
 of this chapter and shall be notified in advance, in  writing,  of  such
 right.  [A  state  employee who is designated managerial or confidential
 under article fourteen of this chapter, shall, at the time of  question-
 ing,  where  it  appears  that  such  employee is a potential subject of
 disciplinary action, have a right to representation and shall  be  noti-
 fied  in  advance,  in  writing,  of  such  right.] If representation is
 requested a reasonable period of time shall be afforded to  obtain  such
 representation. If the employee is unable to obtain representation with-
 in  a reasonable period of time the employer has the right to then ques-
 tion the employee. A hearing officer under this section shall  have  the
 power  to find that a reasonable period of time was or was not afforded.
 In the event the hearing officer finds that a reasonable period of  time
 was  not  afforded  then any and all statements obtained from said ques-
 tioning as well as any evidence or information obtained as a  result  of
 said  questioning shall be excluded, provided, however, that this subdi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06258-01-1

 S. 2891                             2
 
 vision shall not modify or  replace  any  written  collective  agreement
 between  a public employer and employee organization negotiated pursuant
 to article fourteen of this chapter. A person against  whom  removal  or
 other  disciplinary action is proposed shall have written notice thereof
 and of the reasons therefor, shall be furnished a copy  of  the  charges
 preferred  against  him  OR HER and shall be allowed at least eight days
 for answering the same in writing. The hearing upon such  charges  shall
 be  held  by  the  officer or body having the power to remove the person
 against whom such charges are preferred, or by a deputy or other  person
 designated  by such officer or body in writing for that purpose. In case
 a deputy or other person is so designated, he  OR  SHE  shall,  for  the
 purpose  of  such hearing, be vested with all the powers of such officer
 or body and shall make a record of such hearing which shall, with his OR
 HER recommendations, be referred to such officer or body for review  and
 decision.  The  person  or  persons holding such hearing shall, upon the
 request of the person against whom charges are preferred, permit him  OR
 HER to be represented by counsel, or by a representative of a recognized
 or certified employee organization, and shall allow him OR HER to summon
 witnesses  in  his  OR HER behalf. The burden of proving incompetency or
 misconduct shall be upon the person alleging the same.  Compliance  with
 technical rules of evidence shall not be required.
   2-A.   PROCEDURE;  NON-NEW  YORK  CITY  EMPLOYEES.  FOR  ANY  EMPLOYEE
 DESCRIBED IN PARAGRAPH (A), (B), (C), OR (E) OF SUBDIVISION ONE OF  THIS
 SECTION NOT IN THE SERVICE OF THE CITY OF NEW YORK, THE FOLLOWING PROCE-
 DURE  SHALL APPLY: AN EMPLOYEE UNDER THIS SUBDIVISION WHO AT THE TIME OF
 QUESTIONING APPEARS TO BE A POTENTIAL  SUBJECT  OF  DISCIPLINARY  ACTION
 SHALL  HAVE  A RIGHT TO REPRESENTATION BY HIS OR HER CERTIFIED OR RECOG-
 NIZED EMPLOYEE ORGANIZATION UNDER ARTICLE FOURTEEN OF THIS  CHAPTER  AND
 SHALL BE NOTIFIED IN ADVANCE, IN WRITING, OF SUCH RIGHT. A STATE EMPLOY-
 EE  WHO  IS DESIGNATED MANAGERIAL OR CONFIDENTIAL UNDER ARTICLE FOURTEEN
 OF THIS CHAPTER, SHALL, AT THE TIME OF  QUESTIONING,  WHERE  IT  APPEARS
 THAT SUCH EMPLOYEE IS A POTENTIAL SUBJECT OF DISCIPLINARY ACTION, HAVE A
 RIGHT TO REPRESENTATION AND SHALL BE NOTIFIED IN ADVANCE, IN WRITING, OF
 SUCH  RIGHT.  IF REPRESENTATION IS REQUESTED A REASONABLE PERIOD OF TIME
 SHALL BE AFFORDED TO OBTAIN SUCH  REPRESENTATION.  IF  THE  EMPLOYEE  IS
 UNABLE  TO  OBTAIN REPRESENTATION WITHIN A REASONABLE PERIOD OF TIME THE
 EMPLOYER HAS THE RIGHT TO THEN QUESTION THE EMPLOYEE. A HEARING  OFFICER
 UNDER THIS SECTION SHALL HAVE THE POWER TO FIND THAT A REASONABLE PERIOD
 OF  TIME WAS OR WAS NOT AFFORDED. IN THE EVENT THE HEARING OFFICER FINDS
 THAT A REASONABLE PERIOD OF TIME WAS  NOT  AFFORDED  THEN  ANY  AND  ALL
 STATEMENTS  OBTAINED  FROM  SAID  QUESTIONING AS WELL AS ANY EVIDENCE OR
 INFORMATION OBTAINED AS A RESULT OF SAID QUESTIONING SHALL BE  EXCLUDED,
 PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT MODIFY OR REPLACE ANY
 WRITTEN  COLLECTIVE  AGREEMENT  BETWEEN  A  PUBLIC EMPLOYER AND EMPLOYEE
 ORGANIZATION NEGOTIATED PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER.  A
 PERSON  AGAINST  WHOM  REMOVAL  OR OTHER DISCIPLINARY ACTION IS PROPOSED
 SHALL HAVE WRITTEN NOTICE THEREOF AND OF THE REASONS THEREOF,  SHALL  BE
 FURNISHED  A  COPY OF THE CHARGES PREFERRED AGAINST HIM OR HER AND SHALL
 BE ALLOWED AT LEAST EIGHT DAYS FOR ANSWERING THE SAME  IN  WRITING.  THE
 HEARING  UPON  SUCH CHARGES SHALL BE HELD BY A HEARING OFFICER WHO SHALL
 BE A MEMBER OF THE AMERICAN ARBITRATION ASSOCIATION,  AND  SUCH  HEARING
 OFFICER  SHALL BE SELECTED BY THE MUTUAL AGREEMENT OF THE PERSON AGAINST
 WHOM DISCIPLINARY ACTION IS PROPOSED AND OF  THE  EMPLOYING  OFFICER  OR
 BODY. IF SUCH MUTUAL AGREEMENT CANNOT BE REACHED, THEN THE HEARING OFFI-
 CER  SHALL BE SELECTED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION
 ASSOCIATION. SUCH HEARING OFFICER SHALL, FOR THE PURPOSE OF  SUCH  HEAR-

 S. 2891                             3
 
 ING,  BE  VESTED  WITH  ALL THE POWERS OF SUCH OFFICER OR BODY AND SHALL
 MAKE A RECORD OF SUCH HEARING WHICH SHALL, WITH HIS OR  HER  RECOMMENDA-
 TIONS  AND DECISION, BE REFERRED TO SUCH OFFICER OR BODY FOR IMPLEMENTA-
 TION.  THE  HEARING OFFICER HOLDING SUCH HEARING SHALL, UPON THE REQUEST
 OF THE PERSON AGAINST WHOM CHARGES ARE PREFERRED, PERMIT HIM OR  HER  TO
 BE  REPRESENTED  BY  COUNSEL,  OR BY A REPRESENTATIVE OF A RECOGNIZED OR
 CERTIFIED EMPLOYEE ORGANIZATION, AND SHALL ALLOW HIM OR  HER  TO  SUMMON
 WITNESSES  ON  HIS  OR HER BEHALF. THE BURDEN OF PROVING INCOMPETENCY OR
 MISCONDUCT SHALL BE UPON THE PERSON ALLEGING THE SAME.  COMPLIANCE  WITH
 TECHNICAL  RULES  OF EVIDENCE SHALL NOT BE REQUIRED. THE HEARING OFFICER
 SHALL BE PAID A FEE WHICH IS EQUIVALENT TO THE NORMAL AND CUSTOMARY  FEE
 PAID  TO  HIM OR HER FOR SERVICES AS AN ARBITRATOR UNDER THE AUSPICES OF
 THE  AMERICAN  ARBITRATION  ASSOCIATION.  PROVIDED,  HOWEVER,  THAT  THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT SUPERSEDE OR APPLY TO AN EXIST-
 ING HEARING OFFICER POLICY AND PROCEDURE THAT IS THE RESULT OF A COLLEC-
 TIVE BARGAINING AGREEMENT BETWEEN AN EMPLOYER AND A RECOGNIZED OR CERTI-
 FIED  EMPLOYEE ORGANIZATION WHICH WAS IN EFFECT ON THE EFFECTIVE DATE OF
 THIS SUBDIVISION.
   § 2. Subdivision 3 of section 75 of the civil service law, as  amended
 by chapter 710 of the laws of 1984, is amended to read as follows:
   3.  Suspension  pending  determination of charges; penalties; NEW YORK
 CITY EMPLOYEES. [Pending] FOR ANY EMPLOYEE IN THE SERVICE OF THE CITY OF
 NEW YORK DESCRIBED IN PARAGRAPH (A),  (B),  (C),  (D), OR (E) OF  SUBDI-
 VISION  ONE  OF  THIS  SECTION, PENDING the hearing and determination of
 charges of incompetency or misconduct, the officer or  employee  against
 whom such charges have been preferred may be suspended without pay for a
 period  not  exceeding thirty days. If such officer or employee is found
 guilty of the charges, the penalty or punishment may consist of a repri-
 mand, a fine not to exceed one hundred dollars to be deducted  from  the
 salary  or wages of such officer or employee, suspension without pay for
 a period not exceeding two months,  demotion  in  grade  and  title,  or
 dismissal  from  the  service;  provided,  however, that the time during
 which an officer or employee is suspended without pay may be  considered
 as  part  of  the penalty. If he OR SHE is acquitted, he OR SHE shall be
 restored to his OR HER position with full pay for the period of  suspen-
 sion  less  the  amount of any unemployment insurance benefits he OR SHE
 may have received during such period. If such  officer  or  employee  is
 found  guilty, a copy of the charges, his OR HER written answer thereto,
 a transcript of the hearing, and the determination shall be filed in the
 office of the department or agency in which he OR SHE has been employed,
 and a copy thereof shall be filed  with  the  civil  service  commission
 having  jurisdiction over such position. A copy of the transcript of the
 hearing shall, upon request of the  officer  or  employee  affected,  be
 furnished to him OR HER without charge.
   §  3. Subdivision 3-a of section 75 of the civil service law, as added
 by chapter 753 of the laws of 1990, is amended and a new subdivision 3-b
 is added to read as follows:
   3-a. Suspension pending determination of charges and penalties  relat-
 ing to police officers of the police department of the city of New York.
 [Pending]  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION THREE OF THIS
 SECTION, PENDING the hearing and determination of charges of incompeten-
 cy or misconduct, a police officer employed by the police department  of
 the  city  of  New  York  may  be suspended without pay for a period not
 exceeding thirty days. If such officer is found guilty of  the  charges,
 the police commissioner of such department may punish the police officer

 S. 2891                             4
 
 pursuant to the provisions of sections 14-115 and 14-123 of the adminis-
 trative code of the city of New York.
   3-B.  SUSPENSION  PENDING DETERMINATION OF CHARGES; PENALTIES; NON-NEW
 YORK CITY EMPLOYEES. FOR ANY EMPLOYEE DESCRIBED IN PARAGRAPH (A),   (B),
 (C),  OR    (E) OF SUBDIVISION ONE OF THIS SECTION NOT IN THE SERVICE OF
 THE CITY OF NEW YORK, PENDING THE HEARING AND DETERMINATION  OF  CHARGES
 OF INCOMPETENCY OR MISCONDUCT, THE OFFICER OR EMPLOYEE AGAINST WHOM SUCH
 CHARGES  HAVE BEEN PREFERRED MAY BE SUSPENDED FOR A PERIOD NOT EXCEEDING
 THIRTY DAYS. THE SUSPENSION SHALL BE WITH PAY, EXCEPT THE  EMPLOYEE  MAY
 BE SUSPENDED WITHOUT PAY IF THE EMPLOYEE HAS ENTERED A GUILTY PLEA TO OR
 HAS  BEEN  CONVICTED  OF  A FELONY CRIME CONCERNING THE CRIMINAL SALE OR
 POSSESSION OF A CONTROLLED SUBSTANCE OR  A  PRECURSOR  OF  A  CONTROLLED
 SUBSTANCE.  IF  SUCH OFFICER OR EMPLOYEE IS FOUND GUILTY OF THE CHARGES,
 THE PENALTY OR PUNISHMENT MAY CONSIST OF A  REPRIMAND,  A  FINE  NOT  TO
 EXCEED  ONE  HUNDRED  DOLLARS TO BE DEDUCTED FROM THE SALARY OR WAGES OF
 SUCH OFFICER OR EMPLOYEE,  SUSPENSION  WITHOUT  PAY  FOR  A  PERIOD  NOT
 EXCEEDING TWO MONTHS, DEMOTION IN GRADE AND TITLE, OR DISMISSAL FROM THE
 SERVICE;  PROVIDED,  HOWEVER,  THAT  THE TIME DURING WHICH AN OFFICER OR
 EMPLOYEE IS SUSPENDED WITHOUT PAY MAY  BE  CONSIDERED  AS  PART  OF  THE
 PENALTY.  IF  HE OR SHE IS ACQUITTED, HE OR SHE SHALL BE RESTORED TO HIS
 OR HER POSITION. IF SUCH OFFICER OR EMPLOYEE IS FOUND GUILTY, A COPY  OF
 THE  CHARGES,  HIS  OR  HER  WRITTEN ANSWER THERETO, A TRANSCRIPT OF THE
 HEARING, AND THE DETERMINATION SHALL BE  FILED  IN  THE  OFFICE  OF  THE
 DEPARTMENT  OR  AGENCY  IN WHICH HE OR SHE HAS BEEN EMPLOYED, AND A COPY
 THEREOF SHALL BE FILED WITH THE CIVIL SERVICE COMMISSION  HAVING  JURIS-
 DICTION  OVER  SUCH  POSITION.  A  COPY OF THE TRANSCRIPT OF THE HEARING
 SHALL, UPON REQUEST OF THE OFFICER OR EMPLOYEE AFFECTED, BE FURNISHED TO
 HIM OR HER WITHOUT CHARGE.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S2891A (ACTIVE) - Details

See Assembly Version of this Bill:: A4784
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5205, A7624
2023-2024: S1039, S8230, A3748, A8915

2021-S2891A (ACTIVE) - Summary

2021-S2891A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2891A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the civil service law, in relation to hearing procedures
for certain public employees

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides for procedures to be followed in appointing a hearing officer
for removal and disciplinary action against certain public employees

 
SUMMARY OF PROVISIONS:

This bill amends Section 75 of the Civil Service Law to provide that
disciplinary hearings against individual employees not in the service of
the City of New York shall be held by a hearing officer who is a member
of the American Arbitration Association, selected by the mutual agree-
ment of the parties involved. The decision of the hearing officer will
be required to be implemented by the employer. In addition, this legis-

lation provides that such employees may be suspended with pay during
such disciplinary action.

The bill maintains current disciplinary hearing procedures for individ-
ual employees in the service of the City of New York.

 
JUSTIFICATION:

The purpose of this bill is to ensure an impartial and fair due process
hearing for permanent non-New York City government employees who are the
subject of disciplinary charges as outlined in Section 75 of the Civil
Service Law. The bill maintains existing disciplinary process for New
York City employees, however, due to the decades-long success that the
Trials Division of the New York City Office of Administrative Trials and
Hearings (OATH) has had in adjudicating these cases within its jurisdic-
tion and the corpus of case law it has established by its rulings.

Under the present provisions of Section 75 of the Civil Service Law,
individuals who have attained permanent appointment as employees under
the jurisdiction of the Civil Service Law may be removed from their
positions or have other disciplinary actions taken (i.e., suspension
without pay, demotion from grade and title) after a hearing held before
the officer or body who has brought the charges. The employing officer
or body therefore becomes both the prosecutor and the judge of the
permanent employees actions.

This bill would provide a more fair procedure in which the hearing is
before an impartial arbitrator selected upon mutual agreement of the
parties, or if no agreement can be reached, then selected under the
rules of the American Arbitration Association. The hearing officer would
hear the case and determine the appropriate penalty, if any.  Such a
system would give both the employer and the employee a fair opportunity
to present their respective sides of the case and allow for impartial
adjudication.

In addition, by protecting civil service employees from being suspended
without pay during such procedures, this bill conforms to disciplinary
hearing procedures brought against tenured teachers pursuant to Section
3020-a of the Education Law, thus ensuring the same due process for
civil service employees.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5205B Gounardes / A7624B Abbate: referred to Civil Service and
Pensions
2019: S5205A Gounardes / A7624A Abbate: passed Senate, died in Assembly
2011: No same as/A5743 Abbate: referred to Codes
2010: No same as/A9983 Abbate: referred to Codes
2005: S1171 Trunzo/A4369 Abbate: referred to Civil Service and Pensions
2004: S5371 Trunzo/A6957 Abbate: referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2891A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2891--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, GAUGHRAN, KENNEDY, SKOUFIS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Civil Service and Pensions -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil service law, in relation to hearing procedures
   for certain public employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 75 of the civil  service  law,  as
 amended  by chapter 226 of the laws of 1994, is amended and a new subdi-
 vision 2-a is added to read as follows:
   2. Procedure; NEW YORK CITY EMPLOYEES. [An] FOR ANY  EMPLOYEE  IN  THE
 SERVICE  OF  THE  CITY OF NEW YORK DESCRIBED IN PARAGRAPH (A), (B), (C),
 (D), OR (E) OF SUBDIVISION ONE OF THIS SECTION, IF SUCH  employee  [who]
 at  the  time of questioning appears to be a potential subject of disci-
 plinary action, HE OR SHE shall have a right to representation by his or
 her certified or recognized employee organization under article fourteen
 of this chapter and shall be notified in advance, in  writing,  of  such
 right.  [A  state  employee who is designated managerial or confidential
 under article fourteen of this chapter, shall, at the time of  question-
 ing,  where  it  appears  that  such  employee is a potential subject of
 disciplinary action, have a right to representation and shall  be  noti-
 fied  in  advance,  in  writing,  of  such  right.] If representation is
 requested a reasonable period of time shall be afforded to  obtain  such
 representation. If the employee is unable to obtain representation with-
 in  a reasonable period of time the employer has the right to then ques-
 tion the employee. A hearing officer under this section shall  have  the
 power  to find that a reasonable period of time was or was not afforded.
 In the event the hearing officer finds that a reasonable period of  time
 was  not  afforded  then any and all statements obtained from said ques-
 tioning as well as any evidence or information obtained as a  result  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06258-02-1

 S. 2891--A                          2
 
 said  questioning shall be excluded, provided, however, that this subdi-
 vision shall not modify or  replace  any  written  collective  agreement
 between  a public employer and employee organization negotiated pursuant
 to  article  fourteen  of this chapter. A person against whom removal or
 other disciplinary action is proposed shall have written notice  thereof
 and  of  the  reasons therefor, shall be furnished a copy of the charges
 preferred against him OR HER and shall be allowed at  least  eight  days
 for  answering  the same in writing. The hearing upon such charges shall
 be held by the officer or body having the power  to  remove  the  person
 against  whom such charges are preferred, or by a deputy or other person
 designated by such officer or body in writing for that purpose. In  case
 a  deputy  or  other  person  is so designated, he OR SHE shall, for the
 purpose of such hearing, be vested with all the powers of  such  officer
 or body and shall make a record of such hearing which shall, with his OR
 HER  recommendations, be referred to such officer or body for review and
 decision. The person or persons holding such  hearing  shall,  upon  the
 request  of the person against whom charges are preferred, permit him OR
 HER to be represented by counsel, or by a representative of a recognized
 or certified employee organization, and shall allow him OR HER to summon
 witnesses in his OR HER behalf. The burden of  proving  incompetency  or
 misconduct  shall be upon the person alleging the same.  Compliance with
 technical rules of evidence shall not be required.
   2-A.  PROCEDURE;  NON-NEW  YORK  CITY  EMPLOYEES.  FOR  ANY   EMPLOYEE
 DESCRIBED  IN PARAGRAPH (A), (B), (C), OR (E) OF SUBDIVISION ONE OF THIS
 SECTION NOT IN THE SERVICE OF THE CITY OF NEW YORK, THE FOLLOWING PROCE-
 DURE SHALL APPLY: AN EMPLOYEE UNDER THIS SUBDIVISION WHO AT THE TIME  OF
 QUESTIONING  APPEARS  TO  BE  A POTENTIAL SUBJECT OF DISCIPLINARY ACTION
 SHALL HAVE A RIGHT TO REPRESENTATION BY HIS OR HER CERTIFIED  OR  RECOG-
 NIZED  EMPLOYEE  ORGANIZATION UNDER ARTICLE FOURTEEN OF THIS CHAPTER AND
 SHALL BE NOTIFIED IN ADVANCE, IN WRITING, OF SUCH RIGHT. A STATE EMPLOY-
 EE WHO IS DESIGNATED MANAGERIAL OR CONFIDENTIAL UNDER  ARTICLE  FOURTEEN
 OF  THIS  CHAPTER,  SHALL,  AT THE TIME OF QUESTIONING, WHERE IT APPEARS
 THAT SUCH EMPLOYEE IS A POTENTIAL SUBJECT OF DISCIPLINARY ACTION, HAVE A
 RIGHT TO REPRESENTATION AND SHALL BE NOTIFIED IN ADVANCE, IN WRITING, OF
 SUCH RIGHT. IF REPRESENTATION IS REQUESTED A REASONABLE PERIOD  OF  TIME
 SHALL  BE  AFFORDED  TO  OBTAIN  SUCH REPRESENTATION. IF THE EMPLOYEE IS
 UNABLE TO OBTAIN REPRESENTATION WITHIN A REASONABLE PERIOD OF  TIME  THE
 EMPLOYER  HAS THE RIGHT TO THEN QUESTION THE EMPLOYEE. A HEARING OFFICER
 UNDER THIS SECTION SHALL HAVE THE POWER TO FIND THAT A REASONABLE PERIOD
 OF TIME WAS OR WAS NOT AFFORDED. IN THE EVENT THE HEARING OFFICER  FINDS
 THAT  A  REASONABLE  PERIOD  OF  TIME  WAS NOT AFFORDED THEN ANY AND ALL
 STATEMENTS OBTAINED FROM SAID QUESTIONING AS WELL  AS  ANY  EVIDENCE  OR
 INFORMATION  OBTAINED AS A RESULT OF SAID QUESTIONING SHALL BE EXCLUDED,
 PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT MODIFY OR REPLACE ANY
 WRITTEN COLLECTIVE AGREEMENT BETWEEN  A  PUBLIC  EMPLOYER  AND  EMPLOYEE
 ORGANIZATION  NEGOTIATED PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER. A
 PERSON AGAINST WHOM REMOVAL OR OTHER  DISCIPLINARY  ACTION  IS  PROPOSED
 SHALL  HAVE  WRITTEN NOTICE THEREOF AND OF THE REASONS THEREOF, SHALL BE
 FURNISHED A COPY OF THE CHARGES PREFERRED AGAINST HIM OR HER  AND  SHALL
 BE  ALLOWED  AT  LEAST EIGHT DAYS FOR ANSWERING THE SAME IN WRITING. THE
 HEARING UPON SUCH CHARGES SHALL BE HELD BY A HEARING OFFICER  WHO  SHALL
 BE  A  MEMBER  OF THE AMERICAN ARBITRATION ASSOCIATION, AND SUCH HEARING
 OFFICER SHALL BE SELECTED BY THE MUTUAL AGREEMENT OF THE PERSON  AGAINST
 WHOM  DISCIPLINARY  ACTION  IS  PROPOSED AND OF THE EMPLOYING OFFICER OR
 BODY. IF SUCH MUTUAL AGREEMENT CANNOT BE REACHED, THEN THE HEARING OFFI-
 CER SHALL BE SELECTED PURSUANT TO THE RULES OF THE AMERICAN  ARBITRATION

 S. 2891--A                          3

 ASSOCIATION.  SUCH  HEARING OFFICER SHALL, FOR THE PURPOSE OF SUCH HEAR-
 ING, BE VESTED WITH ALL THE POWERS OF SUCH OFFICER  OR  BODY  AND  SHALL
 MAKE  A  RECORD OF SUCH HEARING WHICH SHALL, WITH HIS OR HER RECOMMENDA-
 TIONS  AND DECISION, BE REFERRED TO SUCH OFFICER OR BODY FOR IMPLEMENTA-
 TION. THE HEARING OFFICER HOLDING SUCH HEARING SHALL, UPON  THE  REQUEST
 OF  THE  PERSON AGAINST WHOM CHARGES ARE PREFERRED, PERMIT HIM OR HER TO
 BE REPRESENTED BY COUNSEL, OR BY A REPRESENTATIVE  OF  A  RECOGNIZED  OR
 CERTIFIED  EMPLOYEE  ORGANIZATION,  AND SHALL ALLOW HIM OR HER TO SUMMON
 WITNESSES ON HIS OR HER BEHALF. THE BURDEN OF  PROVING  INCOMPETENCY  OR
 MISCONDUCT  SHALL  BE UPON THE PERSON ALLEGING THE SAME. COMPLIANCE WITH
 TECHNICAL RULES OF EVIDENCE SHALL NOT BE REQUIRED. THE  HEARING  OFFICER
 SHALL  BE PAID A FEE WHICH IS EQUIVALENT TO THE NORMAL AND CUSTOMARY FEE
 PAID TO HIM OR HER FOR SERVICES AS AN ARBITRATOR UNDER THE  AUSPICES  OF
 THE  AMERICAN  ARBITRATION  ASSOCIATION.  PROVIDED,  HOWEVER,  THAT  THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT SUPERSEDE OR APPLY TO AN EXIST-
 ING HEARING OFFICER POLICY AND PROCEDURE THAT IS THE RESULT OF A COLLEC-
 TIVE BARGAINING AGREEMENT BETWEEN AN EMPLOYER AND A RECOGNIZED OR CERTI-
 FIED EMPLOYEE ORGANIZATION OR ANY HEARING OFFICER POLICY  AND  PROCEDURE
 CURRENTLY  EXISTING  FOR STATE EMPLOYEES DESIGNATED MANAGERIAL OR CONFI-
 DENTIAL WHICH WAS IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. Subdivision 3 of section 75 of the civil service law, as  amended
 by chapter 710 of the laws of 1984, is amended to read as follows:
   3.  Suspension  pending  determination of charges; penalties; NEW YORK
 CITY EMPLOYEES. [Pending] FOR ANY EMPLOYEE IN THE SERVICE OF THE CITY OF
 NEW YORK DESCRIBED IN PARAGRAPH (A),  (B),  (C),  (D), OR (E) OF  SUBDI-
 VISION  ONE  OF  THIS  SECTION, PENDING the hearing and determination of
 charges of incompetency or misconduct, the officer or  employee  against
 whom such charges have been preferred may be suspended without pay for a
 period  not  exceeding thirty days. If such officer or employee is found
 guilty of the charges, the penalty or punishment may consist of a repri-
 mand, a fine not to exceed one hundred dollars to be deducted  from  the
 salary  or wages of such officer or employee, suspension without pay for
 a period not exceeding two months,  demotion  in  grade  and  title,  or
 dismissal  from  the  service;  provided,  however, that the time during
 which an officer or employee is suspended without pay may be  considered
 as  part  of  the penalty. If he OR SHE is acquitted, he OR SHE shall be
 restored to his OR HER position with full pay for the period of  suspen-
 sion  less  the  amount of any unemployment insurance benefits he OR SHE
 may have received during such period. If such  officer  or  employee  is
 found  guilty, a copy of the charges, his OR HER written answer thereto,
 a transcript of the hearing, and the determination shall be filed in the
 office of the department or agency in which he OR SHE has been employed,
 and a copy thereof shall be filed  with  the  civil  service  commission
 having  jurisdiction over such position. A copy of the transcript of the
 hearing shall, upon request of the  officer  or  employee  affected,  be
 furnished to him OR HER without charge.
   §  3. Subdivision 3-a of section 75 of the civil service law, as added
 by chapter 753 of the laws of 1990, is amended and a new subdivision 3-b
 is added to read as follows:
   3-a. Suspension pending determination of charges and penalties  relat-
 ing to police officers of the police department of the city of New York.
 [Pending]  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION THREE OF THIS
 SECTION, PENDING the hearing and determination of charges of incompeten-
 cy or misconduct, a police officer employed by the police department  of
 the  city  of  New  York  may  be suspended without pay for a period not
 exceeding thirty days. If such officer is found guilty of  the  charges,

 S. 2891--A                          4
 
 the police commissioner of such department may punish the police officer
 pursuant to the provisions of sections 14-115 and 14-123 of the adminis-
 trative code of the city of New York.
   3-B.  SUSPENSION  PENDING DETERMINATION OF CHARGES; PENALTIES; NON-NEW
 YORK CITY EMPLOYEES. FOR ANY EMPLOYEE DESCRIBED IN PARAGRAPH (A),   (B),
 (C),  OR    (E) OF SUBDIVISION ONE OF THIS SECTION NOT IN THE SERVICE OF
 THE CITY OF NEW YORK, PENDING THE HEARING AND DETERMINATION  OF  CHARGES
 OF INCOMPETENCY OR MISCONDUCT, THE OFFICER OR EMPLOYEE AGAINST WHOM SUCH
 CHARGES  HAVE BEEN PREFERRED MAY BE SUSPENDED FOR A PERIOD NOT EXCEEDING
 THIRTY DAYS. THE SUSPENSION SHALL BE WITH PAY, EXCEPT THE  EMPLOYEE  MAY
 BE SUSPENDED WITHOUT PAY IF THE EMPLOYEE HAS ENTERED A GUILTY PLEA TO OR
 HAS  BEEN  CONVICTED  OF  A FELONY CRIME CONCERNING THE CRIMINAL SALE OR
 POSSESSION OF A CONTROLLED SUBSTANCE OR  A  PRECURSOR  OF  A  CONTROLLED
 SUBSTANCE.  IF  SUCH OFFICER OR EMPLOYEE IS FOUND GUILTY OF THE CHARGES,
 THE PENALTY OR PUNISHMENT MAY CONSIST OF A  REPRIMAND,  A  FINE  NOT  TO
 EXCEED  ONE  HUNDRED  DOLLARS TO BE DEDUCTED FROM THE SALARY OR WAGES OF
 SUCH OFFICER OR EMPLOYEE,  SUSPENSION  WITHOUT  PAY  FOR  A  PERIOD  NOT
 EXCEEDING TWO MONTHS, DEMOTION IN GRADE AND TITLE, OR DISMISSAL FROM THE
 SERVICE;  PROVIDED,  HOWEVER,  THAT  THE TIME DURING WHICH AN OFFICER OR
 EMPLOYEE IS SUSPENDED WITHOUT PAY MAY  BE  CONSIDERED  AS  PART  OF  THE
 PENALTY.  IF  HE OR SHE IS ACQUITTED, HE OR SHE SHALL BE RESTORED TO HIS
 OR HER POSITION. IF SUCH OFFICER OR EMPLOYEE IS FOUND GUILTY, A COPY  OF
 THE  CHARGES,  HIS  OR  HER  WRITTEN ANSWER THERETO, A TRANSCRIPT OF THE
 HEARING, AND THE DETERMINATION SHALL BE  FILED  IN  THE  OFFICE  OF  THE
 DEPARTMENT  OR  AGENCY  IN WHICH HE OR SHE HAS BEEN EMPLOYED, AND A COPY
 THEREOF SHALL BE FILED WITH THE CIVIL SERVICE COMMISSION  HAVING  JURIS-
 DICTION  OVER  SUCH  POSITION.  A  COPY OF THE TRANSCRIPT OF THE HEARING
 SHALL, UPON REQUEST OF THE OFFICER OR EMPLOYEE AFFECTED, BE FURNISHED TO
 HIM OR HER WITHOUT CHARGE.
   § 4. This act shall take effect immediately.

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Senate Bill S2891A

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

co-Sponsors

2021-S2891 - Details

2021-S2891 - Summary

2021-S2891 - Sponsor Memo

2021-S2891 - Bill Text download pdf

co-Sponsors

2021-S2891A (ACTIVE) - Details

2021-S2891A (ACTIVE) - Summary

2021-S2891A (ACTIVE) - Sponsor Memo

2021-S2891A (ACTIVE) - Bill Text download pdf

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